40 UNITED STATES V. MOHAMUD where a search was not directed at a U.S. person’s communications, though some were incidentally swept up in it—does not require a warrant, because the search was targeted at a non-U.S. person with no Fourth Amendment right. The FISA Review Court in In re Directives Pursuant to Section 105B of FISA, similarly applied this principle, holding that “incidental collections occurring as a result of constitutionally permissible acquisitions do not render those acquisitions unlawful.” 551 F.3d 1004, 1015 (FISA Ct. Rev. 2008); see also United States v. Donovan, 429 U.S. 413, 436 n.24 (1977) (holding that a Title III wiretap warrant is not made unconstitutional by “failure to identify every individual who could be expected to be overheard,” but “the complete absence of prior judicial authorization would make an intercept unlawful”); United States v. Bin Laden, 126 F. Supp. 2d 264, 280 (S.D.N.Y 2000) (explaining that “in the Title III context, incidental interception of a person’s conversations during an otherwise lawful surveillance” does not violate the Fourth Amendment). Mohamud and Amici23 urge us not to apply this “incidental overhear” approach. First, Amici contend that surveillance of U.S. persons’ communications under § 702 is not “incidental” because the monitoring of communications between foreign targets and U.S. persons was specifically contemplated and to some degree desired. We agree that such communications were anticipated. As the Privacy and Civil Liberties Oversight Board found with respect to PRISM collection, “[t]he collection of communications to and from 23 Amici are the American Civil Liberties Union, American Civil Liberties Union of Oregon, and the Electronic Frontier Foundation.